[Federal Register: June 22, 2009 (Volume 74, Number 118)]
[Proposed Rules]
[Page 29439-29447]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr22jn09-15]
-----------------------------------------------------------------------
DEPARTMENT OF HOMELAND SECURITY
Coast Guard
33 CFR Part 146
[Docket Number USCG-2008-1088]
RIN 1625-AB28
Notice of Arrival on the Outer Continental Shelf
AGENCY: Coast Guard, DHS.
ACTION: Notice of proposed rulemaking.
-----------------------------------------------------------------------
SUMMARY: The Coast Guard proposes to enhance maritime domain safety and
security awareness on units and personnel engaging in activities on the
Outer Continental Shelf by proposing regulations which will require
notice of arrival for units planning to engage in Outer Continental
Shelf activities. The proposed rules would implement provisions of the
Security and Accountability for Every Port Act of 2006 and increase
overall maritime domain awareness by requiring owners or operators of
United States and foreign flag floating facilities, mobile offshore
drilling units, and vessels to submit notice of arrival information to
the National Vessel Movement Center prior to engaging in Outer
Continental Shelf activities.
DATES: Comments and related material must either be submitted to our
online docket via http://www.regulations.gov on or before September 21,
2009 or reach the Docket Management Facility by that date.
Comments sent to the Office of Management and Budget (OMB) on
collection of information must reach OMB on or before September 21,
2009.
ADDRESSES: You may submit comments identified by Coast Guard docket
number USCG-2008-1088 using any one of the following methods:
(1) Federal eRulemaking Portal http://www.regulations.gov;
(2) Fax: 202-493-2251.
(3) Mail: Docket Management Facility (M-30), U.S. Department of
Transportation, West Building Ground Floor, Room W12-140, 1200 New
Jersey Avenue, SE., Washington, DC 20590-0001.
(4) Hand delivery: Same as mail address above, between 9 a.m. and 5
p.m., Monday through Friday, except Federal holidays. The telephone
number is 202-366-9329.
To avoid duplication, please use only one of these methods. For
instructions on submitting comments, see the ``Public Participation and
Request for Comments'' portion of the SUPPLEMENTARY INFORMATION section
below for instructions on submitting comments.
Collection of Information Comments: If you have comments on the
collection of information discussed in section V.D. of this notice of
proposed rulemaking (NPRM), you must also send comments to the Office
of Information and Regulatory Affairs (OIRA), Office of Management and
Budget. To ensure that your comments to OIRA are received on time, the
preferred methods are by e-mail to oira_submission@omb.eop.gov
(include the docket number and ``Attention: Desk Officer for Coast
Guard, DHS'' in the subject line of the e-mail) or fax at 202-395-6566.
An alternate, though slower, method is by U.S. mail to the Office of
Information and Regulatory Affairs, Office of Management and Budget,
725 17th Street, NW., Washington, DC 20503, ATTN: Desk Officer, U.S.
Coast Guard.
FOR FURTHER INFORMATION CONTACT: If you have questions on this proposed
rule, call or e-mail Mr. James M. Magill, Vessel and Facility Operating
Standards Division (CG-5222), Coast Guard; telephone 202-372-1414, e-
mail James.M.Magill@uscg.mil. If you have questions on viewing or
submitting material to the docket, call Ms. Renee V. Wright, Program
Manager, Docket Operations, telephone 202-366-9826.
SUPPLEMENTARY INFORMATION:
Table of Contents for Preamble
I. Public Participation and Request for Comments
A. Submitting Comments
B. Viewing Comments and Documents
C. Privacy Act
D. Public Meeting
II. Abbreviations
III. Background
IV. Discussion of Proposed Rule
V. Regulatory Analyses
A. Regulatory Planning and Review
B. Small Entities
C. Assistance for Small Entities
D. Collection of Information
E. Federalism
F. Unfunded Mandates Reform Act
G. Taking of Private Property
H. Civil Justice Reform
I. Protection of Children
J. Indian Tribal Governments
K. Energy Effects
L. Technical Standards
M. Environment
I. Public Participation and Request for Comments
We encourage you to participate in this rulemaking by submitting
comments and related materials. All comments received will be posted,
without change, to http://www.regulations.gov and will include any
personal information you have provided.
A. Submitting Comments
If you submit a comment, please include the docket number for this
rulemaking (USCG-2008-1088), indicate the specific section of this
document to which each comment applies, and provide a reason for each
suggestion or recommendation. You may submit your comments and material
online or by fax, mail, or hand delivery, but please use only one of
these means. We recommend that you include your name and a mailing
address, an e-mail address, or a phone number in the body of your
document so that we can contact you if we have questions regarding your
submission.
To submit your comments online, go to http://www.regulations.gov,
select the
[[Page 29440]]
Advanced Docket Search option on the right side of the screen, insert
``USCG-2008-1088'' in the Docket ID box, press Enter, and then click on
the balloon shape in the Actions column. If you submit your comments by
mail or hand delivery, submit them in an unbound format, no larger than
8\1/2\ by 11 inches, suitable for copying and electronic filing. If you
submit them by mail and would like to know that they reached the
Facility, please enclose a stamped, self-addressed postcard or
envelope.
We will consider all comments and material received during the
comment period and may change this proposed rule based on your
comments.
B. Viewing Comments and Documents
To view comments, as well as documents mentioned in this preamble
as being available in the docket, go to http://www.regulations.gov,
select the Advanced Docket Search option on the right side of the
screen, insert USCG-2008-1088 in the Docket ID box, press Enter, and
then click on the item in the Docket ID column. If you do not have
access to the internet, you may view the docket online by visiting the
Docket Management Facility in Room W12-140 on the ground floor of the
Department of Transportation West Building, 1200 New Jersey Avenue,
SE., Washington, DC 20590, between 9 a.m. and 5 p.m., Monday through
Friday, except Federal holidays. We have an agreement with the
Department of Transportation to use the Docket Management Facility.
C. Privacy Act
Anyone can search the electronic form of all comments received into
any of our dockets by the name of the individual submitting the comment
(or signing the comment, if submitted on behalf of an association,
business, labor union, etc.). You may review a Privacy Act notice
regarding our public dockets in the January 17, 2008 issue of the
Federal Register (73 FR 3316).
D. Public Meeting
We do not now plan to hold a public meeting. But you may submit a
request for one to the docket using one of the methods specified under
ADDRESSES. In your request, explain why you believe a public meeting
would be beneficial. If we determine that one would aid this
rulemaking, we will hold one at a time and place announced by a later
notice in the Federal Register.
II. Abbreviations
DHS Department of Homeland Security
FR Federal Register
ISM International Safety Management
ISSC International Ship Security Certificate
MMS Minerals Management Service
MODU Mobile Offshore Drilling Unit
NAICS North American Industry Classification System
NOA Notice of Arrival
NOA OCS Notice of Arrival on the Outer Continental Shelf
NPRM Notice of Proposed Rulemaking
NTTAA National Technology Transfer and Advancement Act, 15 U.S.C. 272
note
NVMC National Vessel Movement Center
OCS Outer Continental Shelf
OIRA Office of Information and Regulatory Affairs
OMB Office of Management and Budget
RFA Regulatory Flexibility Act, 5 U.S.C. 601-612
SAFE Port Act Security and Accountability For Every Port Act of 2006,
Pub. L. No. 109-347, 120 Stat. 1884 (2006)
U.S.C. United States Code
U.S.C.A. United States Code Annotated
III. Background
Congress and the President enacted the Security and Accountability
for Every Port Act of 2006 (SAFE Port Act), Public Law No. 109-347, 120
Stat. 1884 on October 13, 2006. Section 109 of the SAFE Port Act \1\
requires publication, within 180 days of enactment, of regulations that
``update and finalize'' notice of arrival (NOA) procedures for foreign
vessels \2\ on the Outer Continental Shelf (OCS). Additionally, the
SAFE Port Act requires that the regulations ``be consistent with
information required under the Notice of Arrival section 160.206 of
title 33, Code of Federal Regulations as in effect of the date of
enactment of the Act.''
---------------------------------------------------------------------------
\1\ 33 U.S.C. 1223 note (West 2009).
\2\ As defined in 1 U.S.C. 3 (and reiterated in part 140 of this
subchapter) a vessel is ``every description of watercraft or other
artificial contrivance used, or capable of being used, as a means of
transportation on water.'' This definition includes those units we
propose to regulate with this rulemaking (i.e., floating facilities,
MODUs, and vessels engaging in OCS activities).
---------------------------------------------------------------------------
SAFE Port Act Section 109
The legislative history for the SAFE Port Act relating to the
``update and finalize'' language found in section 109 provides no
specific direction for implementing that section. The Senate version of
the bill contains the section 109 provisions and the House of
Representatives bill does not. The Congressional record does not
otherwise elucidate the requirement. The House of Representatives
Conference Report reveals only that both houses of Congress adopted
section 109 without additional discussion.\3\
---------------------------------------------------------------------------
\3\ H.R. 4954, 152nd Cong. (2006).
---------------------------------------------------------------------------
Other Coast Guard NOA OCS Regulations, 33 CFR 146.202
The Coast Guard does, however, have existing OCS regulations to
inform this proposed rule. On March 4, 1982, in response to enactment
of the Outer Continental Shelf Lands Act Amendments of 1978, the Coast
Guard published a final rule entitled Outer Continental Shelf
Activities (47 FR 9366). The rule impacted requirements for design,
equipment, operations, manning, inspections and investigations for
facilities, vessels, and other units (domestic and foreign) engaged in
OCS activities. The rule is intended to ensure that foreign mobile
offshore drilling units operating on the OCS meet the manning and
safety standards comparable to those met by U.S. units. One provision,
33 CFR 146.202, made effective by the 1982 final rule, specifically
addresses NOA or relocation of any MODU on the OCS. That section
provides that an owner of any MODU engaged in OCS activities shall, 14
days before arrival of the MODU on the OCS or as soon thereafter as
practicable, notify the District Commander for the area in which the
MODU will operate of: (1) The MODU's name, nationality, and designation
assigned for identification under 30 CFR 250.37; (2) the location and
year that the MODU was built; (3) the name and address of the owner,
and the owner's local representative, if any; (4) classification or
inspection certificates currently held by the MODU; (5) the location
and date that operations are expected to commence, and their
anticipated duration; and (6) the location and date that the MODU will
be available and ready for inspection by the Coast Guard. In addition,
once a MODU is located on the OCS, the owner of the unit shall notify
the District Commander before relocating the unit. Section 146.202 is
the only Coast Guard NOA requirement for foreign vessels (specifically
MODUs) on the OCS effective at this time, and its purpose is to assist
District Commanders in gathering information on MODUs prior to
inspection of those units.
Consistency With 33 CFR 160.206
The Coast Guard also has recently updated NOA rules. In response to
the terrorist attacks of September 11, 2001, the Coast Guard published,
on February 28, 2003, the final rule entitled
[[Page 29441]]
Notification of Arrival in U.S. Ports (68 FR 9537). The rule enhanced
notification of arrival and departure requirements for U.S. and foreign
vessels bound for, or departing from, ports or places in the United
States. The rule also increased, from 24 hours to 96 hours, the advance
notice a vessel must submit to the National Vessel Movement Center
(NVMC); described the timeframes for updating an NOA; and added more
information to the list of items that must be submitted, as part of the
NOA, to the NVMC. Pursuant to that rule, specifically 33 CFR 160.206,
the information items submitted to the NVMC include: Vessel
information; voyage information; cargo information; information for
each crewmember onboard; information for each person onboard in
addition to the crew; operational condition of equipment; International
Safety Management (ISM) code notice; Cargo Declaration; and
International Ship and Port Facility code (ISPS) notice. The Coast
Guard collects this information to ensure, to the extent practicable,
public safety, security and the uninterrupted flow of commerce.
Coast Guard Action
After considering the legislative history related to SAFE Port Act
section 109 and current NOA rules, the Coast Guard has determined that
pursuant to section 109 of the SAFE Port Act, ``updating and
finalizing'' our current NOA OCS rules requires proposing and
finalizing NOA OCS rules, which will be: (1) In addition to those found
at Sec. 146.202 for MODUs, and (2) consistent with the NOA
requirements of Sec. 160.206 for vessels bound for, or departing from,
ports or places in the United States.
This rulemaking begins the process of meeting those section 109
requirements. It also proposes extending those NOA OCS requirements to
U.S. floating facilities, MODUs, and vessels (arriving on, and engaging
in, OCS activities from foreign ports or places) under the authority of
the Outer Continental Shelf Lands Act, 43 U.S.C. 1356 (2007) and the
Ports and Waterways Safety Act, 33 U.S.C. 1226 (2007). Extending the
NOA OCS requirements to U.S. vessels is essential for overall maritime
domain safety and security awareness. Moreover, obtaining knowledge of
all individuals and vessels engaging in OCS activities will better
equip the Coast Guard to prevent and respond to a safety or security
incident on the OCS.
IV. Discussion of Proposed Rule
The Coast Guard is the lead Federal agency for maritime safety and
security on the OCS, and is concerned with the safe operation and
manning of vessels engaged in OCS activities. As such, the Coast Guard
remains focused on monitoring the safe operation of vessels entering
the United States OCS, and on protecting the United States from vessels
that could be used as weapons, or as a point of entry in attacks
against the United States. Consistent with these concerns and the
mandates of the SAFE Port Act, this rulemaking proposes new NOA
requirements for certain floating facilities, MODUs, and vessels
engaging in OCS activities as a method of increasing U.S. maritime
domain safety and security awareness. These amendments will assist the
Coast Guard in responding to an OCS incident and enhance public safety,
security, and the uninterrupted flow of commerce.
Consistent with 33 CFR part 160, subpart C, this rulemaking
specifically proposes that owners or operators of U.S. and foreign flag
floating facilities, MODUs, and vessels engaging in OCS activities,
with the exception of those U.S. units traveling directly from U.S.
ports or places, notify the NMVC at least 96 hours before their
intended arrival on the OCS. If voyage time to the OCS is less than 96
hours, then this rulemaking proposes shorter notice requirements. U.S.
flag units arriving on the OCS directly from a U.S. port or place will
not be required to submit the safety and security information proposed
in this rule because the Coast Guard has greater maritime domain
awareness over these vessels coming from a U.S. port (as they will have
previously submitted similar safety and security information items
under 33 CFR 160.202(a) and 160.206, unless exempted under Sec.
160.203), and as such they represent a comparatively lower safety and
security risk.
Proposed Sec. Sec. 146.103, 146.104, 146.215, and 146.405
In accordance with section 109 of the SAFE Port Act, the Coast
Guard proposes that the information items submitted for purposes of NOA
OCS by owners or operators of floating facilities, MODUs, and vessels
engaging in OCS activities be consistent, to the extent practicable,
with information currently submitted under 33 CFR 160.206 for U.S. and
foreign vessels bound for, or departing from, ports or places in the
United States.
NOA for U.S. and Foreign Facilities and MODUs
Specifically, in Sec. Sec. 146.103, 146.104, and 146.215 for U.S.
and foreign floating facilities and MODUs, we propose:
When and How To Submit the NOA
If the voyage time to the OCS is 96 hours or greater, we propose
that the owner or operator planning to conduct OCS activities submit an
initial NOA to the NVMC not less than 96 hours in advance of their
arrival on the OCS. If the voyage time is less than 96 hours, we
propose that the owner or operator planning to conduct OCS activities
submit an initial NOA to the NVMC not less than 24 hours in advance of
their arrival on the OCS.
We propose that the owner or operator electronically submit the NOA
to the NVMC at http://www.nvmc.uscg.gov/ by clicking on the link
labeled ``Submit NOA online'' and following the instructions for
submission.
Information Items Submitted to NVMC
The Coast Guard proposes that the NOA submission include the
following information: The location of the floating facility or MODU at
the time the NOA is reported; the area designation and block number
where the unit will operate, if applicable; the floating facility's
name, if any; the date when OCS activities are expected to begin and
end; the names of the last two ports or places visited and the
associated dates of arrival and departure; select information for each
individual onboard the floating facility or MODU; the date of issuance
of the International Safety Management Certificate; and the date of
issuance of the International Ship Security Certificate.
Updating an NOA
There may be instances where the owner or operator becomes aware
that the floating facility or MODU will not arrive on the OCS within
the timeframe originally reported to the NVMC. In those instances, we
propose that the owner or operator update the NOA by revising and re-
submitting the NOA. If the new estimated time of arrival on the OCS
differs by more than 24 hours from the initial or most recently
submitted NOA, then we propose that the owner or operator submit a
revised NOA not less than 24 hours before the floating facility or MODU
arrives at their destination on the OCS. If the new estimated time of
arrival on the OCS differs by less than 24 hours from the initial or
most recently submitted NOA, then we propose that the owner or operator
of the floating facility or MODU submit an updated NOA not less than 12
hours before arrival on the OCS.
We propose that owners and operators refrain from submitting
updated NOAs for changes in arrival times that are less
[[Page 29442]]
than 6 hours; changes in the location of the vessel or floating
facility at the time of reporting; and changes in personnel positions.
NOA for U.S. and Foreign Vessels
For consistency, in proposed Sec. 146.405, NOA for U.S. and
foreign vessels engaging in OCS activities, we have directly referenced
33 CFR Table 160.206 as the proposed information to be submitted by the
vessel owner or operator. We propose that each item listed in the table
be submitted with the exception of item (2)(iii), voyage information
for each port or place in the United States to be visited, and item
(6), the state and operational condition of equipment as required by
Sec. 164.35. Each vessel should have access to the remaining
information items found in the table, because those items are the same
as that which is currently required from U.S. and foreign vessels bound
for, or departing from, ports or places in the United States.
We propose that the method and timeframes for submission of the NOA
to the NVMC be consistent with those proposed for floating facilities
and MODUs.
Towing Vessels on the OCS
In each of the preceding sections, we propose that owners and
operators of towing vessels controlling a unit (i.e., floating
facility, MODU, or other vessel), or units, required to submit a NOA
under this subpart submit only one combined NOA containing the
information required for the towing vessel and each unit under its
control.
Specifically, the combined NOA would include the information items
required for vessels under proposed Sec. 146.405 (for vessels) as well
as those information items required for floating facilities under
Sec. Sec. 146.103 or 146.104, or those required for MODUs under Sec.
146.215, as appropriate. Towing vessels with a vessel in tow will
submit the NOA information items found in Sec. 146.405 for both
vessels.
V. Regulatory Analyses
We developed this proposed rule after considering numerous statutes
and executive orders related to rulemaking. Below we provide analyses
based on 13 of these statutes or executive orders.
A. Regulatory Planning and Review
This proposed rule is not a significant regulatory action under
section 3(f) of Executive Order 12866, Regulatory Planning and Review,
and does not require an assessment of potential costs and benefits
under section 6(a)(3) of that Order. The Office of Management and
Budget has not reviewed it under that Order.
The Coast Guard proposes this rulemaking as a method of enhancing
maritime safety and security and meeting the Congressional mandates of
the SAFE Port Act. This rulemaking would require certain U.S. and
foreign owners or operators of floating facilities, MODUs, and vessels
to submit NOA information to the NVMC prior to engaging in OCS
activities. Details on the purpose, background, and proposed
requirements of this rulemaking are summarized elsewhere in this NPRM.
Based on industry information from the National Offshore Advisory
Committee (NOSAC), we estimate that there are 7 to 12 arrivals on the
OCS each month for a total of 84 to 144 annual arrivals on the OCS each
year. We also estimate that approximately 95 percent of the OCS units
affected under this rulemaking would be foreign flag.
The additional costs of this rulemaking to industry are the
proposed NOA reporting requirements. We estimate that one NOA requires
30 minutes to complete plus a transmittal fee of $2 per submission.\4\
Similar to other NOA reporting analyses, we use an average loaded wage
rate of approximately $31 per hour to estimate the labor costs for NOA
reporting activities.
---------------------------------------------------------------------------
\4\ Estimated sources: (1) Collection of Information, OMB
Control Number 1625-0100, ``Advance Notice of Arrival and Electronic
Transmission of Vessel Transit Data''; and (2) Notice of Proposed
Rulemaking, ``Vessel Requirements for Notices of Arrival and
Departure, and Automatic Identification System'' [USCG-2005-21869].
---------------------------------------------------------------------------
Based on the arrival data and the reporting time and cost
information, we estimate the annual cost of this rulemaking to be
$1,470 to $2,520 (non-discounted). We estimate the present value 10-
year cost of this rulemaking to be $10,300 to $17,700 at a 7 percent
discount rate (rounded).\5\
---------------------------------------------------------------------------
\5\ We estimate present value 10-year costs are $12,500 to
$21,500 at a three percent discount rate (rounded).
---------------------------------------------------------------------------
We expect the primary benefit of this rulemaking would be enhanced
maritime domain awareness. This rule would provide assurance that OCS
units communicate the necessary information to the Coast Guard. We also
expect the proposed NOA requirements would provide the Coast Guard
additional information and detail on the volume and type of traffic on
the OCS.
B. Small Entities
Under the Regulatory Flexibility Act (RFA; 5 U.S.C. 601-612), we
have considered whether this proposed rule would have a significant
economic impact on a substantial number of small entities. The term
``small entities'' comprises small businesses, not-for-profit
organizations that are independently owned and operated and are not
dominant in their fields, and governmental jurisdictions with
populations of less than 50,000.
The Coast Guard expects that the proposed rule will not have a
significant economic impact on a substantial number of small entities.
We estimate most affected owners and operators would be classified
under one of the following North American Industry Classification
System (NAICS) 6-digit codes: 211111--Crude Petroleum and Natural Gas
Extraction, 336611--Ship Building and Repairing, or 333132--Oil and Gas
Field Machinery and Equipment Manufacturing. According to the Small
Business Administration (SBA) size standards, a company with NAICS code
211111 or 333132 employing less than 500 employees or NAICS code 336611
employing less than 1,000 employees is considered a small entity.
As discussed elsewhere in this NPRM, we estimate that approximately
95 percent of the affected OCS units under this rulemaking are foreign
owned. The RFA clarifies that a small business is an entity organized
for profit, with a place of business located in the United States, and
that operates primarily within the United States or that makes a
significant contribution to the U.S. economy through payment of taxes
or use of American products, materials or labor. We anticipate the
majority of affected entities are not located within the United States
nor do they make a significant contribution through payment of U.S.
taxes.
We expect the proposed rule would not have a significant economic
impact on any entities since the costs of this rulemaking are small and
the cost burden per NOA submission is only about $18.
We also investigated other types of data sources and information
that would be useful to estimate the impacts of this rulemaking on
small entities. For example, MODU units that operate on the OCS are
capital intensive and have high day rates. The average day rate of
floating rigs operating on the OCS may exceed $250,000.\6\ For
expository purposes, we analyzed the annual cost-revenue impacts of
this rulemaking on owners and operators of MODUs that have a Coast
Guard Certificate of Compliance. Based on this information, we
estimated that the small annual reporting cost of this rulemaking would
[[Page 29443]]
have no significant economic impact on the annual revenues of these
owners and operators.
---------------------------------------------------------------------------
\6\ Source: http://www.rigzone.com/data/dayrates/ (2008).
---------------------------------------------------------------------------
Therefore, the Coast Guard certifies under 5 U.S.C. 605(b) that
this proposed rule would not have a significant economic impact on a
substantial number of small entities. If you think that your business,
organization, or governmental jurisdiction qualifies as a small entity
and that this rulemaking would have a significant economic impact on
it, please submit a comment to the Docket Management Facility at the
address under ADDRESSES. In your comment, explain why you think it
qualifies and how and to what degree this rulemaking would economically
affect it.
C. Assistance for Small Entities
Under section 213(a) of the Small Business Regulatory Enforcement
Fairness Act of 1996 (Pub. L. 104-121), we want to assist small
entities in understanding this proposed rule so that they can better
evaluate its effects on them and participate in the rulemaking. If the
proposed rule would affect your small business, organization, or
governmental jurisdiction and you have questions concerning its
provisions or options for compliance, please consult Mr. James M.
Magill, Vessel and Facility Operating Standards Division (CG-5222),
telephone 202-372-1414. The Coast Guard will not retaliate against
small entities that question or complain about this rule or any policy
or action of the Coast Guard.
Small businesses may send comments on the actions of Federal
employees who enforce, or otherwise determine compliance with, Federal
regulations to the Small Business and Agriculture Regulatory
Enforcement Ombudsman and the Regional Small Business Regulatory
Fairness Boards. The Ombudsman evaluates these actions annually and
rates each agency's responsiveness to small business. If you wish to
comment on actions by employees of the Coast Guard, call 1-888-REG-FAIR
(1-888-734-3247).
D. Collection of Information
This proposed rule would call for a collection of information under
the Paperwork Reduction Act of 1995 (44 U.S.C. 3501-3520). It would
require a revision to an existing collection. The following is a
summary of the burden associated with the revision.
As defined in 5 CFR 1320.3(c), ``collection of information''
comprises reporting, recordkeeping, monitoring, posting, labeling, and
other, similar actions. The title and description of the information
collection, a description of those who must collect the information,
and an estimate of the total annual burden follow. The estimate covers
the time for reviewing instructions, searching existing sources of
data, gathering and maintaining the data needed, and completing and
reviewing the collection.
This proposed rule would amend the collection of information
requirements for vessel owners and operators. The rule would require
modifying the burden in the previously approved collection under OMB
Control Number 1625-0100.
Title: Advance Notice of Arrival and Electronic Transmission of
Vessel Transit Data.
OMB Control Number: 1625-0100.
Summary of the Collection of Information: The proposed rule would
require vessel owners and operators to submit an advance notice of
arrival electronically to the NVMC. This requirement would require a
change in the previously approved OMB Collection 1625-0100 because it
expands the NOA requirement to include units engaging in OCS
activities.
Proposed Use of Information: The Coast Guard would use the
information to enhance maritime domain awareness.
Description of the Respondents: The respondents are vessel owners
and operators who arrive on the OCS from foreign ports and engage in
OCS activities.
Number of Respondents: The proposed rule would increase the number
of respondents in this OMB-approved collection by no more than 144
respondents. See the ``Regulatory Planning and Review'' section for
more details on the respondents affected by this proposed rule.
Frequency of Response: The proposed rule would increase the annual
number of responses in this OMB-approved collection by no more than 144
responses. OCS units such as MODUs and floating production facilities
may stay on the OCS for long periods, such as a year or more, so we do
not expect these units to have more than one NOA submittal per year.
Burden of Response: We estimate the burden of this proposed rule to
be the preparation and submission of the NOA. Based on discussion in
the ``Regulatory Analysis'' section of this NPRM, we estimate that it
would take 30 minutes to prepare and submit an NOA to the NVMC.
Estimate of Total Annual Burden: The annual total burden of this
proposed rule would be no more than 72 hours.
As required by the Paperwork Reduction Act of 1995 (44 U.S.C.
3507(d)), we will submit a copy of this proposed rule to the Office of
Management and Budget (OMB) for review of the collection of
information.
We ask for public comment on the proposed collection of information
to help us determine how useful the information is; whether it can help
us perform our functions better; whether it is readily available
elsewhere; how accurate our estimate of the burden of collection is;
how valid our methods for determining burden are; how we can improve
the quality, usefulness, and clarity of the information; and how we can
minimize the burden of collection.
If you submit comments on the collection of information, submit
them both to OMB and to the Docket Management Facility where indicated
under ADDRESSES, by the date under DATES.
You need not respond to a collection of information unless it
displays a currently valid control number from OMB. Before the Coast
Guard could enforce the collection of information requirements in this
proposed rule, OMB would need to approve the Coast Guard's request to
collect this information.
E. Federalism
A rule has implications for federalism under Executive Order 13132,
Federalism, if it has a substantial direct effect on State or local
governments and would either preempt State law or impose a substantial
direct cost of compliance on them. We have analyzed this proposed rule
under that Order and have determined that it does not have implications
for federalism.
F. Unfunded Mandates Reform Act
The Unfunded Mandates Reform Act of 1995 (2 U.S.C. 1531-1538)
requires Federal agencies to assess the effects of their discretionary
regulatory actions. In particular, the Act addresses actions that may
result in the expenditure by a State, local, or tribal government, in
the aggregate, or by the private sector of $100,000,000 or more in any
one year. Though this proposed rule would not result in such an
expenditure, we do discuss the effects of this rule elsewhere in this
preamble.
G. Taking of Private Property
This proposed rule would not effect a taking of private property or
otherwise have taking implications under Executive Order 12630,
Governmental Actions and Interference with Constitutionally Protected
Property Rights.
[[Page 29444]]
H. Civil Justice Reform
This proposed rule meets applicable standards in sections 3(a) and
3(b)(2) of Executive Order 12988, Civil Justice Reform, to minimize
litigation, eliminate ambiguity, and reduce burden.
I. Protection of Children
We have analyzed this proposed rule under Executive Order 13045,
Protection of Children from Environmental Health Risks and Safety
Risks. This rule is not an economically significant rule and would not
create an environmental risk to health or risk to safety that might
disproportionately affect children.
J. Indian Tribal Governments
This proposed rule does not have tribal implications under
Executive Order 13175, Consultation and Coordination with Indian Tribal
Governments, because it would not have a substantial direct effect on
one or more Indian tribes, on the relationship between the Federal
Government and Indian tribes, or on the distribution of power and
responsibilities between the Federal Government and Indian tribes.
K. Energy Effects
We have analyzed this proposed rule under Executive Order 13211,
Actions Concerning Regulations That Significantly Affect Energy Supply,
Distribution, or Use. We have determined that it is not a ``significant
energy action'' under that order because it is not a ``significant
regulatory action'' under Executive Order 12866 and is not likely to
have a significant adverse effect on the supply, distribution, or use
of energy.
L. Technical Standards
The National Technology Transfer and Advancement Act (NTTAA) (15
U.S.C. 272 note) directs agencies to use voluntary consensus standards
in their regulatory activities unless the agency provides Congress,
through the Office of Management and Budget, with an explanation of why
using these standards would be inconsistent with applicable law or
otherwise impractical. Voluntary consensus standards are technical
standards (e.g., specifications of materials, performance, design, or
operation; test methods; sampling procedures; and related management
systems practices) that are developed or adopted by voluntary consensus
standards bodies.
This proposed rule does not use technical standards. Therefore, we
did not consider the use of voluntary consensus standards.
If you disagree with our analysis of the voluntary consensus
standards listed above or are aware of voluntary consensus standards
that might apply but are not listed, send a comment to the docket using
one of the methods under ADDRESSES. In your comment, please explain why
you disagree with our analysis and/or identify voluntary consensus
standards we have not listed that might apply.
M. Environment
We have analyzed this proposed rule under Department of Homeland
Security Directive 023-01 and Commandant Instruction M16475.lD, which
guide the Coast Guard in complying with the National Environmental
Policy Act of 1969 (NEPA) (42 U.S.C. 4321-4370f), and have made a
preliminary determination that this action is one of a category of
actions which do not individually or cumulatively have a significant
effect on the human environment. Therefore, this rule is categorically
excluded, under section 2.B.2. Figure 2-1, paragraphs 34(a) and (d), of
the Instruction and neither an environmental assessment nor an
environmental impact statement is required. This proposed rule requires
neither an environmental assessment nor an environmental impact
statement because it merely outlines the procedures that owners or
operators of floating facilities, mobile offshore drilling units, and
vessels will follow in submitting notice of arrival information to the
Coast Guard's National Vessel Movement Center. A preliminary
``Environmental Analysis Check List'' supporting this determination is
available in the docket where indicated under the ``Public
Participation and Request for Comments'' section of this preamble. We
seek any comments or information that may lead to discovery of a
significant environmental impact from this proposed rule.
List of Subjects for 33 CFR Part 146
Continental shelf, Marine safety, Occupational health and safety,
Reporting and recordkeeping requirements, Vessels.
For the reasons discussed in the preamble, the Coast Guard proposes
to amend 33 CFR part 146, as follows:
PART 146--OPERATIONS
1. The authority citation for part 146 is revised to read as
follows:
Authority: 33 U.S.C. 1223,1226; 43 U.S.C. 1333, 1348, 1350,
1356; Sec. 109, Pub. L. No. 109-347, 120 Stat. 1884; Department of
Homeland Security Delegation No. 0170.1.
2. Add Sec. 146.103 to read as follows:
Sec. 146.103 Safety and Security notice of arrival for U.S. floating
facilities.
(a) General. At least 96 hours before a U.S. floating facility
arrives on the OCS, excluding those U.S. floating facilities arriving
directly from a U.S. port or place to engage in OCS activities, the
owner or operator of the floating facility, except as provided in
paragraph (f) of this section, must submit the following information to
the National Vessel Movement Center (NVMC):
(1) The location, latitude and longitude, of the floating facility
at the time the notice of arrival (NOA) is reported;
(2) The area designation and block number or lease number, assigned
under 30 CFR 250.154 for identification, where the floating facility
plans to perform OCS activities;
(3) The floating facility's name, if any;
(4) The date when OCS operations of the floating facility are
expected to begin and end;
(5) Names of the last two ports or places visited and the
associated dates of arrival and departure;
(6) The following information for each individual onboard:
(i) Full name;
(ii) Date of birth;
(iii) Nationality;
(iv) Passport number or marine documentation number (type of
identification and number);
(v) Position or duties on the floating facility; and
(vi) Name of the port, or place, and country where the individual
embarked.
(7) The date of issuance of the floating facility's International
Safety Management Certificate (ISM), if any, and Document of Compliance
certificate and the name of the flag administration, or its recognized
representative, that issued those certificates; and
(8) The date of issuance of the floating facility's International
Ship Security Certificate (ISSC), if any, and the name of the flag
administration, or the recognized security organization representing
the flag administration, that issued the ISSC.
(b) Methods of submission. The notice must be submitted to the NVMC
by electronic Notice of Arrival and Departure format using methods
specified in the NVMC's Web site at http://www.nvmc.uscg.gov/.
(c) Updates to a submitted NOA. Unless otherwise specified in this
section, whenever the most recently submitted NOA information becomes
inaccurate, the owner or operator of a U.S. floating facility must
revise and re-submit the NOA within the times required in paragraph (e)
of this section. An owner or operator does not need to
[[Page 29445]]
revise or re-submit an NOA for the following:
(1) A change in submitted arrival time that is less than 6 hours;
(2) Changes in the location, latitude and longitude, of the
floating facility at the time the NOA is reported; or
(3) Changes to personnel positions or duties on the floating
facility.
(d) Required reporting time of an initial NOA. The owner or
operator of a U.S. floating facility subject to this section must
submit an initial NOA:
(1) If the voyage time is more than 96 hours, owners or operators
of a floating facility must submit an initial NOA at least 96 hours
before the U.S. floating facility arrives at the OCS location where it
plans to perform OCS activities; or
(2) If the voyage time is less than 96 hours, owners and operators
of a floating facility must submit an initial NOA at least 24 hours
before the U.S. floating facility arrives at the OCS location where it
plans to perform OCS activities.
(e) Required reporting time of an update to an NOA. Each floating
facility subject to this section must submit an NOA update:
(1) If the most recently submitted NOA, or NOA update, differs by
24 hours or more from the current estimated time of arrival, the owner
or operator of the floating facility must provide an updated NOA as
soon as practicable but at least 24 hours before the U.S. floating
facility arrives at the OCS location where it plans to perform OCS
activities; or
(2) If the most recently submitted NOA, or NOA update, differs by
less than 24 hours from the current estimated time of arrival, the
owner or operator of the floating facility must provide an update as
soon as practicable but at least 12 hours before the U.S. floating
facility arrives at the OCS location where it plans to perform OCS
activities.
(f) Towing vessels. When a towing vessel controls a U.S. floating
facility required to submit an NOA under this subpart, the owner or
operator of the towing vessel is responsible for submitting only one
NOA containing the NOA information items required for the towing
vessel, under Sec. 146.405, and the U.S. floating facility under
paragraph (a) of this section.
(g) This section does not apply to U.S. floating facilities merely
transiting the waters superjacent to the OCS and not engaged in OCS
activities.
3. Add Sec. 146.104 to read as follows:
Sec. 146.104 Safety and Security notice of arrival for foreign
floating facilities.
(a) General. At least 96 hours before a foreign floating facility
arrives on the OCS to engage in OCS activities, the owner or operator
of the floating facility, except as provided in paragraph (f) of this
section, must submit the following information to the National Vessel
Movement Center (NVMC):
(1) The location, latitude and longitude, of the foreign floating
facility at the time the NOA is reported;
(2) The area designation and block number or lease number, assigned
under 30 CFR 250.154 for identification, where the foreign floating
facility plans to perform OCS activities;
(3) The foreign floating facility's name, if any;
(4) The date when OCS operations of the foreign floating facility
are expected to begin and end;
(5) Names of the last two ports or places visited and the
associated dates of arrival and departure;
(6) The following information for each individual onboard:
(i) Full name;
(ii) Date of birth;
(iii) Nationality;
(iv) Passport number or marine documentation number (type of
identification and number);
(v) Position or duties on the foreign floating facility; and
(vi) Name of the port, or place, and country where the individual
embarked.
(7) The date of issuance of the foreign floating facility's
International Safety Management Certificate (ISM), if any, and Document
of Compliance certificate and the name of the flag administration, or
its recognized representative, that issued those certificates; and
(8) The date of issuance of the foreign floating facility's
International Ship Security Certificate (ISSC), if any, and the name of
the flag administration, or the recognized security organization
representing the flag administration, that issued the ISSC.
(b) Methods of submission. The notice must be submitted to the
National Vessel Movement Center (NVMC) by electronic Notice of Arrival
and Departure format using methods specified at the NVMC's Web site at
http://www.nvmc.uscg.gov/.
(c) Updates to a submitted NOA. Unless otherwise specified in this
section, whenever the most recently submitted NOA information becomes
inaccurate, the owner or operator of the foreign floating facility must
revise and re-submit the NOA within the times required in paragraph (e)
of this section. An owner or operator does not need to revise or re-
submit an NOA for the following:
(1) A change in submitted arrival time that is less than 6 hours;
(2) Changes in the location, latitude and longitude, of the foreign
floating facility at the time the NOA is reported; or
(3) Changes to personnel positions or duties on the foreign
floating facility.
(d) Required reporting time of an initial NOA. The owner or
operator of a foreign floating facility subject to this section must
submit an initial NOA:
(1) If the voyage time is more than 96 hours, owners or operators
of a foreign floating facility must submit an initial NOA at least 96
hours before the foreign floating facility arrives at the OCS location
where it plans to perform OCS activities; or
(2) If the voyage time is less than 96 hours, owners or operators
of a foreign floating facility must submit an initial NOA at least 24
hours before the foreign floating facility arrives at the OCS location
where it plans to perform OCS activities.
(e) Required reporting time of an update to an NOA. The owner or
operator of a foreign floating facility subject to this section must
submit an NOA update:
(1) If the most recently submitted NOA, or NOA update, differs by
24 hours or more from the current estimated time of arrival, the owner
or operator of the foreign floating facility must provide an updated
NOA as soon as practicable but at least 24 hours before the floating
facility arrives at the OCS location where it plans to perform OCS
activities; or
(2) If the most recently submitted NOA, or NOA update, differs by
less than 24 hours from the current estimated time of arrival, the
owner or operator of the foreign floating facility must provide an
updated NOA as soon as practicable but at least 12 hours before the
floating facility arrives at the OCS location where it plans to perform
OCS activities.
(f) Towing vessels. When a towing vessel controls a foreign
floating facility required to submit an NOA under this subpart, the
owner or operator of the towing vessel is responsible for submitting
only one NOA containing the NOA information items required for the
towing vessel, under Sec. 146.405, and the foreign floating facility
under paragraph (a) of this section.
(g) This section does not apply to a foreign floating facility
merely transiting the waters superjacent to the OCS and not engaged in
OCS activities.
4. Add Sec. 146.215 to read as follows:
[[Page 29446]]
Sec. 146.215 Safety and Security notice of arrival for U.S. or
Foreign MODUs.
(a) General. At least 96 hours before a MODU arrives on the OCS to
engage in OCS activities, excluding those U.S. MODUs arriving directly
from a U.S. port or place, to engage in OCS activities, the owner or
operator of the MODU, except as provided in paragraph (f) of this
section, must submit the following information to the National Vessel
Movement Center (NVMC):
(1) The location, latitude and longitude, of the MODU at the time
the notice of arrival (NOA) is reported;
(2) The area designation and block number or lease number, assigned
under 30 CFR 250.154 for identification, where the MODU plans to
perform OCS activities;
(3) The MODU's name, if any;
(4) The date when operations of the MODU are expected to begin and
end;
(5) Names of the last two ports or places visited and the
associated dates of arrival and departure;
(6) The following information for each individual onboard:
(i) Full name;
(ii) Date of birth;
(iii) Nationality;
(iv) Passport number or marine documentation number (type of
identification and number);
(v) Position or duties on the MODU; and
(vi) Name of the port, or place, and country where the individual
embarked.
(7) The date of issuance of the MODU's International Safety
Management Certificate (ISM), if any, and Document of Compliance
certificate and the name of the flag administration, or its recognized
representative, that issued those certificates; and
(8) The date of issuance of the MODU's International Ship Security
Certificate (ISSC), if any, and the name of the flag administration, or
the recognized security organization representing the flag
administration, that issued the ISSC.
(b) Methods of submission. The notice must be submitted to the
National Vessel Movement Center (NVMC) by electronic Notice of Arrival
and Departure format using methods specified in the NVMC's Web site at
http://www.nvmc.uscg.gov/.
(c) Updates to a submitted NOA. Unless otherwise specified in this
section, whenever the most recently submitted NOA information becomes
inaccurate, the owner or operator of the MODU must revise and re-submit
the NOA within the times required in paragraph (e) of this section. An
owner or operator does not need to revise or re-submit an NOA for the
following:
(1) A change in submitted arrival time that is less than 6 hours;
(2) Changes in the location, latitude or longitude, of the MODU at
the time the NOA is reported; or
(3) Changes to personnel positions or duties on the MODU.
(d) Required reporting time of an initial NOA. The owner or
operator of a MODU subject to this section must submit an initial NOA:
(1) If the voyage time is more than 96 hours, owners and operators
of a MODU must submit an initial NOA at least 96 hours before the MODU
arrives at the OCS location where it plans to perform OCS activities;
or
(2) If the voyage time is less than 96 hours, owners and operators
of a MODU must submit an initial NOA at least 24 hours before the MODU
arrives at the OCS location where it plans to perform OCS activities.
(e) Required reporting time of an update to an NOA. The owner or
operator of a MODU subject to this section must submit an NOA update:
(1) If the most recently submitted NOA, or NOA update, differs by
24 hours or more from the current estimated time of arrival, the owner
or operator of the MODU must provide an updated NOA as soon as
practicable but at least 24 hours before the MODU arrives at the OCS
location where it plans to perform OCS activities; or
(2) If the most recently submitted NOA, or NOA update, differs by
less than 24 hours from the current estimated time of arrival, the
owner or operator of the MODU must provide an updated NOA as soon as
practicable but at least 12 hours before the MODU arrives at the OCS
location where it plans to perform OCS activities.
(f) When a towing vessel controls a MODU required to submit an NOA
under this subpart, the owner or operator of the towing vessel is
responsible for submitting only one NOA containing the information
required for the towing vessel, under Sec. 146.405, and the MODU under
paragraph (a) of this section.
(g) This section does not apply to MODU's merely transiting the
waters superjacent to the OCS and not engaged in OCS activities.
5. Revise the heading in Subpart D to read as follows:
Subpart D--Vessels--Notice of Casualty
6. Add Subpart E to read as follows:
Subpart E--Vessels--Safety and Security Notice of Arrival
Sec. 146.401 Applicability.
This subpart applies to all U.S. and foreign vessels, except those
U.S. vessels traveling directly from a U.S. port or place, bound for a
place on the OCS and planning to engage in OCS activities. Vessels
under this subpart include, but are not limited to, standby vessels,
attending vessels, offshore vessels, pipelay vessels, derrick ships,
diving support vessels, oceanographic research vessels, towing vessels,
and accommodation vessels. This subpart does not apply to MODUs, which
are covered under Sec. 146.215.
Sec. 146.405 Safety and Security notice of arrival for vessels
arriving at a place on the OCS.
(a) General. The owner or operator of each vessel subject to this
section must submit an initial NOA to the National Vessel Movement
Center (NVMC):
(1) If the voyage time is more than 96 hours, at least 96 hours
before the vessel arrives at a place on the OCS to engage in OCS
activities;
(2) If the voyage time is less than 96 hours and more than 24
hours, before departure; or
(3) If the voyage time is less than 24 hours, at least 24 hours
before the vessel arrives at a place on the OCS.
(b) Information required in an NOA. The following information is
required for vessels submitting an NOA:
(1) All the information specified in 33 CFR Table 160.206 with the
exception of information required in item (2)(iii) and item (6). Vessel
owners and operators should protect any personal information they
gather in preparing notices for transmittal to the NVMC so as to
prevent unauthorized disclosure of that information;
(2) The Minerals Management Service (MMS) area and either the name
of the place, the MMS block number, or the latitude and longitude of
the place on the OCS to be visited; and
(3) If any person onboard, including a crewmember, is not required
to carry a passport for travel, then passport information required in
Table 160.206, items (4)(iv) through (vi), and (5)(iv) through (vi),
need not be provided for that person.
(c) Updates to a submitted NOA. Unless otherwise specified in this
section, whenever the most recently submitted NOA information becomes
inaccurate, the owner or operator of that vessel must revise and re-
submit the NOA within the times required in paragraph (e) of this
section. An owner or operator does not need to revise and re-submit an
NOA for the following:
[[Page 29447]]
(1) A change in submitted arrival time that is less than six hours;
(2) Changes in the location, latitude and longitude, of the vessel
at the time the NOA is reported; or
(3) Changes to personnel positions or duties on the vessel.
(d) Methods of submission. The notice must be submitted to the NVMC
by electronic Notice of Arrival and Departure format using methods
specified at the NVMC's Web site at http://www.nvmc.uscg.gov/.
(e) Required reporting time of an NOA update. Each vessel subject
to this section must submit an NOA update:
(1) If the most recently submitted NOA, or NOA update, differs by
24 hours or more from the current estimated time of arrival, the owner
or operator of the vessel must provide an update as soon as practicable
but at least 24 hours before the vessel arrives at the OCS location
where it plans to perform OCS activities;
(2) If the most recently submitted NOA, or NOA update, differs by
less than 24 hours from the current estimated time of arrival, the
owner or operator of the vessel must provide an update as soon as
practicable but at least 12 hours before the vessel arrives at the OCS
location where it plans to perform OCS activities; or
(3) If the remaining voyage time is less than 24 hours, the owner
or operator of the vessel must provide an update as soon as
practicable, but at least 12 hours before the vessel arrives at a place
on the OCS.
(f) When a towing vessel controls a vessel required to submit an
NOA under this subpart, the owner or operator of the towing vessel is
responsible for submitting only one NOA containing the information
required for the towing vessel and the vessel under its control.
(g) This section does not apply to vessels merely transiting the
waters superjacent to the OCS and not engaged in OCS activities.
Dated: June 9, 2009.
J.G. Lantz,
Director of Commercial Regulations and Standards, U.S. Coast Guard.
[FR Doc. E9-14584 Filed 6-19-09; 8:45 am]